{"id":10424,"date":"2020-01-15T03:58:01","date_gmt":"2020-01-15T03:58:01","guid":{"rendered":"https:\/\/amabhungane.org\/?post_type=stories&#038;p=10424"},"modified":"2024-09-20T17:36:56","modified_gmt":"2024-09-20T17:36:56","slug":"the-dirt-on-deloittes-consulting-deals-at-eskom-part-1","status":"publish","type":"post","link":"https:\/\/further.co.za\/amabwp\/the-dirt-on-deloittes-consulting-deals-at-eskom-part-1\/","title":{"rendered":"The dirt on Deloitte\u2019s consulting deals at Eskom, Part 1"},"content":{"rendered":"\n<p class=\"p2 wp-block-paragraph\">In 2018 an anonymous email arrived in my inbox. It was from an employee at Eskom and they had an issue with our reporting.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">\u201cIt is strange that in all your articles you have never mentioned Deloitte&#8217;s role and relationships with Gupta company Nkonki\u2026<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">\u201cI work for Eskom and [am] saddened that your investigations are not conclusive, unless you are protecting Deloitte \u2013 it is the feeling of many here as this matter is so glaring.\u201d<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\"><em>Like this story? Be an<span style=\"text-decoration: underline;\"> <a href=\"https:\/\/amabhungane.org\/be-an-amab-supporter\/\" target=\"_blank\" rel=\"noopener noreferrer\">amaB Supporter<\/a> <\/span>to help us do more. Sign up for our <span style=\"text-decoration: underline;\"><a href=\"https:\/\/amabhungane.org\/#signup\" target=\"_blank\" rel=\"noopener noreferrer\">newsletter<\/a><\/span> to get more.<\/em><\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">In fact, Deloitte was on our radar.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">We knew that Deloitte had received two consulting contracts at Eskom where it had partnered with Nkonki Inc, the pioneering black-owned auditing firm which was <a href=\"https:\/\/amabhungane.org\/stories\/the-nkonki-pact-part-1-how-the-guptas-bought-themselves-an-auditor\/\" target=\"_blank\" rel=\"noopener noreferrer\">covertly taken over by Gupta lieutenant Salim Essa<\/a>.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">We had sent questions to Deloitte Africa chief executive Lwazi Bam about the firm\u2019s partnership with Nkonki, and received a 13-page letter in response. But we had concluded that Deloitte teamed up with Nkonki before Essa\u2019s buyout. And with little else to go on, we had parked the story by mid-2018.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">Then, in October 2019, Eskom\u2019s then chair, Jabu Mabuza, filed an explosive affidavit in court, demanding that the firm pay back R207-million in consulting fees from contracts dating back to 2016, when Essa crony Anoj Singh was Eskom\u2019s chief financial officer.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">Mabuza told the court that Eskom only discovered this evidence after accessing emails of the senior employees who had since left the company.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">\u201cIt is those emails that suggested that the awards of the two [contracts] to Deloitte were not only irregular but highly improper\u2026 Most of the emails were brought to our attention only in the past few weeks and some are still being recovered.\u201d<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">Suddenly, the allegations we had heard begged closer scrutiny.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\"><strong>***<\/strong><\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">Mabuza\u2019s affidavit, filed in the Johannesburg high court, tells a simple story: Deloitte was awarded two consulting contracts in September 2016, despite its prices being dramatically higher than other bidders.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">On a piece of work known as the Business Improvement Project, Deloitte bid R79.1-million, while the competing bids were R16-million and R9.1-million.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">On another project, the Results Management Office, Deloitte bid R88.8-million while the competing bids were R14.6-million and R13.3-million.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">Despite this, officials who evaluated the bids were instructed to ignore price as a factor and awarded both contracts to Deloitte. With two contract extensions and another, smaller project Deloitte\u2019s bill would eventually reach R207-million.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">\u201cThis shows pure corruption on the part of Deloitte and the Eskom executives who facilitated these contracts with absolutely no regard for Eskom\u2019s sustainability,\u201d Mabuza said in a statement Eskom released at the time.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">Of course, the story is not quite so simple but, we discovered, no less damning for Deloitte.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">In digging into this dispute, we scoured more than 1 000 pages of evidence Eskom submitted to court, including emails, contracts, minutes of meetings, proposals from rival consulting firms and bid evaluation scorecards.<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li><strong>Go to our Evidence docket for all the court documents.<\/strong><\/li>\n<\/ul>\n\n\n\n<p class=\"p2 wp-block-paragraph\">We also spoke to a dozen individuals who were well-placed to comment on the facts, including employees of state-owned entities, rival consulting firms and Nkonki insiders. Another two tipoffs came from anonymous sources. None of the people we spoke to were willing to be identified.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">\u201cThis is feeding trough bullshit,\u201d one consultant told us when shown a breakdown Deloitte\u2019s fees. \u201cThis is what immiserates our country and bankrupts it.\u201d<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">Deloitte has not filed its response to Mabuza\u2019s affidavit, and for a month refused to respond to questions. Eventually, as the extent of our investigation became apparent, Deloitte Consulting managing director for Africa Thiru Pillay agreed to sit down with us for a three-and-a-half-hour interview.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">He shot back at Eskom\u2019s \u201cpure corruption\u201d claim and instead accused Eskom of trying to bully Deloitte into a settlement. He said that over months of discussions Deloitte had refused to concede that it was \u201ccomplicit with irregular procurement\u201d or that there was \u201cany undertone of corruption\u201d in its dealings with Eskom.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">\u201cEskom\u2019s view was that we should be concerned about the value of our brand. And my response \u2026 was that we are very happy to share our perspective \u2026 at the Zondo Commission \u2026 or the court, basically that we would not be intimidated into a settlement,\u201d he told us.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">But Eskom is not backing down: \u201cEskom former employees and some corporate citizens were involved in corrupt dealings which caused Eskom a great deal of financial losses. The board and management of Eskom are discharging their fiduciary duties by recovering all monies that were irregularly paid to suppliers and Deloitte is no exception,\u201d it told us in a written reply last week.<\/p>\n\n\n\n<h5 class=\"wp-block-heading p2\">R60m for three weeks\u2019 work<\/h5>\n\n\n\n<p class=\"p2 wp-block-paragraph\">One of Mabuza\u2019s more sensational claims was that \u201cDeloitte was paid nearly R60-million for three weeks\u2019 work.\u201d<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">This is not entirely accurate: It is true that three weeks after Deloitte won the contract it submitted two invoices totaling R59.1-million which were paid on the same day. But a breakdown attached to those invoices indicated that Deloitte claimed its consultants had already performed 35 850 hours of work \u2013 a clearly impossible feat for the 13 intervening business days.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">Enter Bam, the Deloitte Africa chief executive: He previously told us that, starting in March 2016, Deloitte began approaching Eskom\u2019s then chief financial officer, Anoj Singh, with unsolicited proposals.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">The first was to assist Eskom with its Multi-Year Price Determination (MYPD) submission to the National Energy Regulator, where Eskom would apply to set electricity prices for the next two years.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">\u201cThis proposal was critical and urgent to Eskom because Eskom needed to start preparing its tariff application,\u201d Bam explained in his 13-page letter.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">Unsolicited proposals were allowed in terms of Eskom\u2019s Procurement and Supply Management Procedure, he assured us, even providing us with a copy of the 156-page manual to underscore his point.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">\u201cThis \u2026 requires Eskom, following receipt of an unsolicited proposal, to issue an RFQ [request for quotation] to the market to give the market a fair opportunity to respond.\u201d<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">But here was the kicker: \u201cAlthough this did not occur often, sometimes, because of Eskom\u2019s urgent need for the services set out in the unsolicited proposal, service providers at times commenced work \u2018on risk\u2019 \u2026 before the RFQ had been issued and the contracting has been concluded.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">\u201cIn these cases, [it was] on the understanding that if the service provider was unsuccessful in securing the work, <span style=\"text-decoration: underline;\">then this was at the service provider\u2019s risk<\/span>,\u201d Bam told us, underlining the last phrase in his letter.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">In other words, Bam was saying that Deloitte was willing to gamble that it would get the contract, even carrying out thousands of hours of work with no guarantee that it would get paid.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">But what is curious is that the MYPD project was not the only instance where Deloitte supposedly rolled the dice.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">Between April and June 2016, Deloitte started work on another four unsolicited proposals: establishing a results management office (RMO) in the finance department; building a separate RMO for Eskom\u2019s IT department; introducing SAP\u2019s Hana software to Eskom; and assisting with planning, budgeting and forecasting.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">All five projects would eventually be bundled up into the two contracts that Deloitte was awarded in September 2016. But by this point Deloitte\u2019s \u201cat risk\u201d bill would be sitting at R59.1-million.<\/p>\n\n\n<div class=\"wp-block-image\">\n<figure class=\"alignleft\"><img decoding=\"async\" src=\"http:\/\/amabhungane.org\/wp-content\/uploads\/2020\/01\/GRAPHIC-1_Bright-colours.jpg\" alt=\"\"\/><\/figure>\n<\/div>\n\n\n<p class=\"p2 wp-block-paragraph\"><\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">Based on Deloitte\u2019s own figures this amounted to one director, one associate director, six senior managers, 10 managers, 13 senior consultants, seven consultants and four analysts \u2013 42 people in total \u2013 working full time for five months straight. (See graphic: Deloitte\u2019s army of consultants.)<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">All supposedly at risk.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">\u201cNobody \u2013 no Deloitte director or partner \u2013 is going to sign off on a genuine \u2018at risk\u2019 R50-million; this is a \u2018wink, wink, nudge, nudge\u2019,\u201d a consultant from a rival firm told us. \u201cThink about it, what private sector firm would run R50-million at risk with a [state-owned entity]? What\u2019s the logical nexus that allows you to say, \u2018This is okay\u2019? It doesn&#8217;t make sense, unless there&#8217;s an understanding \u2013 a solid understanding \u2013 that the power broker on the other side will pull the contract across.\u201d<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">In other words, what would reduce Deloitte\u2019s risk was knowing it had the contract in the bag.<\/p>\n\n\n\n<h5 class=\"wp-block-heading p2\">In 100 words or less<\/h5>\n\n\n\n<p class=\"p2 wp-block-paragraph\">\u201cThere is one intriguing matter that should be mentioned,\u201d Mabuza told the court in his affidavit. \u201cAnnexed to [most of the proposals] \u2026 was a form for its acceptance.\u201d<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">The one-page document he is referring is less than 100 words long and stated that whoever signed it would bind Eskom to accept both the \u201cscope\u201d and \u201cbudget\u201d of Deloitte\u2019s unsolicited proposals.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">Although this makes a mockery of the Public Finance Management Act, National Treasury\u2019s practice note on the use of consultants, Eskom\u2019s own procurement rules and section 217 of the Constitution, Eskom officials signed three of the flimsy one-page contracts.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">This is also where Deloitte has substantially changed its story from what Bam told us in 2018 about taking projects on \u201cat risk\u201d, underlined:<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">\u201cAt the time, it is not the case that Eskom was buying all professional services through an RFP [request for proposals],\u201d Pillay, the Deloitte Consulting Africa managing director, told us during our recent three-hour interview.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">He explained: \u201cSo, what happens is we engage for example Anoj, the CFO \u2026 on a proposal and as had been done before, our proposal has an acceptance sheet at the back \u2026 and Anoj then signs that, basically saying \u2018I accept your proposal and Eskom is making a commitment to you that we are going to be contracting with you.\u2019\u201d<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">On the Finance RMO project (budget: R34.7-million), Singh signed a 50-word contract but failed to complete any other details or even fill in his name. On the MYPD project (budget: R15-million) Singh merely signed under the words \u201caccepted and agree\u201d.<\/p>\n\n\n<div class=\"wp-block-image\">\n<figure class=\"alignleft\"><img decoding=\"async\" src=\"http:\/\/amabhungane.org\/wp-content\/uploads\/2020\/01\/GRAPHIC-2_In-100-words-or-less.jpg\" alt=\"\"\/><\/figure>\n<\/div>\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">Despite this, Pillay told us that Deloitte considered these contracts binding.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">\u201cIt certainly was the pattern of behavior of the executives \u2013 and it was across not just Anoj but prior \u2013 that if you gave them that proposal and they signed that, we did accept that as a commitment by Eskom, and that that person knew what they were doing, and that they were going to navigate the processes on their side in order to get a PO [purchase order] and a contract established with us.\u201d<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">Pillay told us that in each instance Eskom asked the firm to start work on the projects immediately.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">In written answers Deloitte said that in one instance it had mobilised a team of consultants on Eskom\u2019s instructions after Maya Bhana, the general manager in Singh\u2019s office, \u201cverbally accepted\u201d the proposal.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">Pillay told us at another point in the interview that \u201cthere was a sort of an appreciation that there was some process they were now going to follow and \u2026 they will exercise judgement about how they received your proposals.\u201d<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">\u201cWe have now asked Eskom to send us the delegation of authority of the CFO \u2026 [and other executives] because these individuals and their predecessors presented themselves in a way that they could sign that document,\u201d Pillay told us.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">We conveyed all of this to Eskom which responded in an email loaded with risible contempt:<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">\u201cThe Eskom delegation of authority has never dealt with verbal contracts. Maya Bhana was a [general manager in Singh\u2019s office] and her [delegation of authority] would not allow her to accept proposals on behalf of Eskom&#8230;<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">\u201cDeloitte as a multinational corporate citizen is bound by the Constitution and it is not exempt from \u2026 the procurement and supply chain management policies of Eskom. It is also enjoined to conduct its business ethically.\u201d<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">Bhana agreed, saying in a WhatsApp: \u201cEskom process does not allow for verbal acceptances. So I would not have given verbal approval or acceptance of a proposal without following a procurement process. Deloitte has worked for Eskom for many years and should understand the procurement process.\u201d<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">Given how starkly Deloitte\u2019s latest version departed from Bam\u2019s in 2018, we asked Deloitte if it was now repudiating what its own chief executive had told us at the time. Deloitte legal counsel Murray Dicks told us that Bam was merely describing the normal procurement process, but that in 2016 Deloitte believed there was precedent that allowed Eskom in some circumstances to accept unsolicited proposals without an RFQ.<\/p>\n\n\n<div class=\"wp-block-image\">\n<figure class=\"alignleft\"><img decoding=\"async\" src=\"http:\/\/amabhungane.org\/wp-content\/uploads\/2020\/01\/GRAPHIC-3_What-the-CEO-meant-to-say.jpg\" alt=\"\"\/><\/figure>\n<\/div>\n\n\n<p class=\"p2 wp-block-paragraph\">\u201cWe therefore continue to dispute that, as at 2016, we knew that an RFQ was mandatory in the event of Eskom receiving an unsolicited proposal,\u201d Dicks told us in a follow-up letter, which included some suggested edits of Bam\u2019s original response (see graphic: What Deloitte\u2019s CEO meant to say)<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">\u201cOur response to amaBhungane in April 2018 was prepared under a tight deadline to respond to a variety of questions. It was based on interviews with key staff and relied on their recollection of events\u2026 We now have far better clarity and understanding of the matter and sequence of events than we did in April 2018.\u201d<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">But we are not talking about hiring a venue for R10 000 but contracts worth hundreds of millions of rands in a highly competitive industry where up-and-coming black-owned firms are often locked out by the big, international behemoths.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">In fact, Eskom had a plan to remedy this, but Deloitte seemingly would try to bypass that too.<\/p>\n\n\n\n<h5 class=\"wp-block-heading p2\">The panel in the works<\/h5>\n\n\n\n<p class=\"p2 wp-block-paragraph\">By June 2016, Eskom was in the final stages of establishing a panel of 27 pre-approved consulting firms to bid on exactly this kind of work. Nine spots would be given to the big players like Deloitte, McKinsey and Bain, but another 18 would be reserved for local, black-owned firms.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">The purpose of the panel was to \u201ccontribute to a fair distribution of work among consultants; and provide \u2018greater governance\u2019 in their appointment\u201d, Mabuza told the court.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">Deloitte knew the panel was imminent; records show that on 31 May 2016 Eskom invited Deloitte to a meeting to negotiate hourly rates for work on the panel. But instead of waiting, Deloitte delivered another three unsolicited proposals over the next week.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">\u201c[W]ere we trying to subvert the panel? The answer is \u2018no\u2019,\u201d Pillay told us.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">Treasury has repeatedly warned government and state-owned entities about blowing millions on consultants. Before hiring a consultant, they should do a needs analysis to make sure that the job cannot be done in-house.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">But when Sean Maritz, Eskom\u2019s then chief information officer, received Deloitte\u2019s proposal to implement an SAP Hana project two days later, he waited just one day before approving the project, along with its R37.2-million price tag.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">That was on a Friday. On the Monday, Maritz received another unsolicited proposal from Deloitte, this time to establish an RMO for the IT department for R19.7-million. Again, he waited just one day before signing Deloitte\u2019s acceptance form.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">In response to questions, Maritz told us: \u201cNo work can be paid for if there is not is a contract number.\u201d<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">He would not comment on why he signed the acceptance forms or whether he considered them binding, saying: \u201cI am not in a position to answer on anything related to Eskom procurement process because I am not in their employment currently.\u201d<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">Bam described both these projects as \u201ccritical\u201d to Eskom, but the anonymous Eskom employee who emailed us disagreed and described both the SAP Hana and IT RMO projects as \u201cimposed on \u2026 the IT division by Anoj\u201d and, in their view, \u201cdisastrous projects aimed simply at looting\u201d.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">Pillay told us: \u201cWe did not impose ourselves on Eskom by stressing that this thing was urgent and it was not urgent. And we were certainly not trying to work where there was no need.\u201d<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">By 13 June 2016, as Eskom was finalising the panel of service providers, Deloitte had teams deployed on all five consulting projects that it had brought to Eskom unsolicited.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">\u201cAnoj comes back to us and says, \u2018Now that you are on the panel, we are now going to use the framework of the panel in order to get your contract for the work you&#8217;ve already started on and for the contracts and the documents I\u2019ve signed,\u2019\u201d Pillay explained.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">We asked Deloitte whether this set off alarm bells. After all, the panel was designed to allow different firms to compete for work. But Deloitte told us: \u201cIt was unclear how the panel would be used.\u201d<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">Unfazed, Deloitte kept ploughing resources into the five projects. Remember those 35 850 hours? Over the next 10 weeks Deloitte ramped up their teams and began hiring subcontractors.<\/p>\n\n\n\n<h5 class=\"wp-block-heading p2\">The off-the-record meetings<\/h5>\n\n\n\n<p class=\"p2 wp-block-paragraph\">Pillay told us the first sign of trouble emerged in a one-on-one meeting with Singh on 29 August 2016.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">Pillay said it had been several weeks since Deloitte had mobilised resources, but no contract was forthcoming.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">\u201cWe have an internal review and we say to the project team: This is unacceptable\u2026 we cannot work at risk in this way. And I call for a meeting with Anoj to be set up.\u201d<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">Pillay goes to see Singh, alone: \u201cI then say to him, \u2019Here&#8217;s a list of projects that our business is now working with you on. We mobilised \u2026 this was done in good faith. These contracts are not forthcoming. This is unacceptable.\u2019\u201d<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">Two days later, Eskom came back with bad news: Deloitte would need to go through a competitive bidding process to win the work.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">\u201cWe then had a meeting internally \u2026 and we said, \u2018That is ridiculous because he has now signed our letter and he\u2019s reneging. Now what are our options?\u2019 So we said, \u2018Firstly, he must commit that he&#8217;s going to pay us for the work we&#8217;ve done up to this point.\u2019\u201d<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">Pause here for a moment and consider this: Deloitte had no contracts beyond the handful of half-completed one-pagers that Singh and Maritz had signed. Deloitte had taken no legal advice on whether these documents would stand up in court. And the bill Deloitte wanted Eskom to pay was sitting at more than R50-million.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">Despite this, Pillay told us that Singh promised Eskom would pay. We asked: Were any of these meetings recorded or minuted?<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">The answer was \u2018no\u2019: \u201c[U]nfortunately, we don&#8217;t have this in writing but we have internal emails in the feedback that is now being provided to us by our lead partner [Shamal Sivasanker], who says Eskom \u2026 will honor payment for the work we have done so far, because we mobilised in good faith at their request.\u201d<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">We asked whether anyone from Deloitte sent a follow-up email confirming the rather extraordinary commitment that Singh had supposedly made. The answer, again, was \u2018no\u2019.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">Eskom told us it had no record of Singh or anyone else agreeing to pay Deloitte for work done but added that it had named Singh as a respondent in the case to force him to put a version under oath.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">\u201cEskom is a victim of maladministration, fraud and corruption perpetrated by its former employees and corporates. This is a relationship between a corruptor and a corruptee,\u201d it told us last week.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">When contacted, Singh would only say that he was \u201cnot part of \u2026 any procurement team that made the award of any tender at Eskom\u201d.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">The allegation that Eskom has put in court papers is that behind the scenes, Singh\u2019s team was already hard at work ensuring that the full contract \u2013 and not just the first R50-million \u2013 would be delivered to Deloitte\u2019s door.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">\u201c[H]ow Deloitte came to be awarded the two Task Orders paints a very disturbing and worrying general picture. It indicates the extent to which processes and procedures at state institutions \u2026 can be manipulated so that pre-determined outcomes can be achieved by abuse and improper use of power by those in senior positions,\u201d Mabuza told the court in his affidavit.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">\u201cBut the picture is even scarier: it shows the extent to which off the record dealings between suppliers and employees of organs of state can shape desired outcomes \u2026 to ensure that certain tenders were awarded to a particular tenderer.\u201d<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">Later in the affidavit he states: \u201cThe official tender process that followed was simply a charade, to purportedly legitimise and sanitise the irregularities and improprieties.\u201d<\/p>\n\n\n\n<h5 class=\"wp-block-heading p2\">The \u2018charade\u2019<\/h5>\n\n\n\n<p class=\"p2 wp-block-paragraph\">Three weeks before the Singh-Pillay meeting at the end August 2016, Eskom\u2019s then head of group capital, Prish Govender, had drawn up two internal memos explaining why Eskom needed to hire consultants for two new projects.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">Contained in the motivations were the five projects Deloitte was already working on \u2013 a rather crucial fact that Govender seemingly failed to mention to anyone at Eskom.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">Eskom\u2019s assurance and forensic department would later compile a report, detailing the many similarities between Deloitte\u2019s unsolicited proposals, the internal motivation that Govender drew up and the RFQs that were eventually sent out to the market, implying that the Deloitte proposals had effectively been used as a template for the tender.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">\u201c[I]n effect, Mr Govender and Mr Singh permitted Deloitte not only to determine the scope of services, but also how they were to be characterised&#8230; I submit that it is difficult to conceive of a process that could in substance be less fair, equitable, transparent or competitive,\u201d Mabuza told the court.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">On 8 September 2016, Eskom invited a handful of consulting firms to bid on two new consulting projects: Business Improvement Project and the Results Management Office.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">The deadline was tight \u2013 just one week \u2013 but the cost of putting together a detailed proposal was still significant. Consulting firms that we spoke to put the cost at anywhere between \u201ctens of thousands\u201d and R250 000.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">What other bidders were not told was that they were bidding against Deloitte for work that, in some cases, Deloitte had already completed and for which it had been promised payment.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">We put it to Pillay that Eskom officials had a perverse incentive to select Deloitte in order to regularise the contracts it was already working on. For example, Eskom could not make good on its supposed promise to pay Deloitte without a contract, and even though Deloitte delivered its first invoice before the bidding closed, this went unpaid.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">If Deloitte happened to win the contract, that problem went away.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">\u201cEskom\u2019s view is that the RFP process was an afterthought aimed at sanitising the corrupt conduct that had already unfolded,\u201d Eskom told us last week.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">We put it to Pillay that Eskom\u2019s failure to disclose any of this was a fraud on other bidders, but he disagreed.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">\u201c[O]ur presence there was not a secret \u2026 the major players in the market knew that,\u201d Pillay insisted.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">Which may explain why so few of them bothered to compete. In the end, just three firms submitted bids for the Business Improvement Project: Deloitte and two empowerment players, Ariogenix and Durapi.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">On the Results Management Office, five firms submitted bids \u2013 Deloitte, McKinsey, Letsema, Ariogenix and Durapi \u2013 but McKinsey, Deloitte\u2019s only competitor from the \u201cbig player\u201d panel, was disqualified, seemingly for submitting documents after the deadline.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">When the scores were counted, Deloitte had scored the highest on both contracts, but also presented prices up to five times higher than its competitors.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">Normally, companies that pass the technical threshold in a tender are judged on price (a score out of 90) and BEE (a score out of 10). That did not happen in this case. Instead Eskom staff that evaluated the bids were told to ignore price.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">This was a gift to Deloitte, which outscored its competitors primarily in one category: \u201cProposal meeting scope requirements\u201d.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">Considering that Eskom\u2019s RFQ was based on projects Deloitte had conceived of and partly executed, this was hardly surprising.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">\u201cDid we think that there was a possibility that we could lose? Yes,\u201d Pillay told us.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">\u201c[I]n hindsight, if you say, \u2018Did we have an advantage because we were the incumbent?\u2019 the answer is \u2018yes\u2019.\u201d<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">But this is little consolation to the smaller industry players: \u201cI\u2019ve got to pay salaries at the end of the month and you hope that there&#8217;s a fair chance that if you put in [a proposal] that you will win,\u201d one of them told us. \u201cSo if you&#8217;re filling out a whole bunch of fig leaves [and] it&#8217;s sewn up, you&#8217;re going to go bankrupt and people are going to lose their jobs.\u201d<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">\u201cDeloitte \u2026 seems to be very excessive.\u201d<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">When Sanjith Rampath, a senior manager at Eskom and one of the bid evaluators, delivered his scores he included a warning: \u201cThe one area that needs to be addressed is the costing from Deloitte which seems to be very excessive.\u201d<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">Deloitte\u2019s prices \u2013 R79.1-million and R88.8-million \u2013 were roughly five times higher than the other bidders which bid between R9.1-million and R16-million for each piece of work.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">But there is no indication that this was part of the discussions when an Eskom committee headed by Govender met a few days later and awarded the contracts to Deloitte.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">Instead the reason for rejecting the other bidders was \u201cinadequate resource loading\u201d, which means that Eskom did not feel that the other bidders had put forward enough consultants for the project.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">It is possible that Deloitte simply had the best grasp of how many people it required to execute these projects \u2013 Eskom\u2019s own estimates, contained in Govender\u2019s internal motivation, were R91-million and R86-million for each piece of work.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">But it is also possible that Eskom relied on the prices in Deloitte\u2019s unsolicited proposals to set the bar.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">Pillay conceded that this may be so, but repeatedly stressed Deloitte\u2019s position that Eskom received value for money and that Deloitte\u2019s billing \u2013 based on estimates of 35 850 hours initially and over 128 000 hours by the end of the project \u2013 was fair.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">\u201cWhen you look at the topics that we are dealing with here \u2013 we&#8217;re dealing with an MYPD 4 submission, this is a technical piece of work; we&#8217;re dealing with an analytics piece of work using an SAP platform to help them with cost reduction and optimising their business\u2026 The topics that we were dealing with, they were heart of business, technical issues. They were not \u2026 controversial policy topics that were trying to pervert the state.\u201d<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">He later added: \u201cI do feel we were led down a path by Eskom, and we tried to cooperate and do the best that we could.\u201d<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">The argument Deloitte has put forward is that even if the contracts were awarded irregularly, Eskom got value for money and therefore Deloitte should not be forced to pay back the money.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">\u201cThe world is in a very different place today. When you look at what was happening in 2016; our environment is very, very different. In hindsight, when you look at it, you wish you had done things differently, but the question is, \u2018Did we add value?\u2019 and I think we did. And what was our intent? Was our intent to go and defraud and exploit Eskom? Definitely not,\u201d Pillay told us.<\/p>\n\n\n\n<h5 class=\"wp-block-heading p2\">Into murky waters<\/h5>\n\n\n\n<p class=\"p2 wp-block-paragraph\">\u201c[B]ased on the information that is now at hand, certain inferences are irresistible,\u201d Mabuza wrote in his October affidavit. \u201cMr Singh had determined by early 2016 that Deloitte was to be the preferred Consulting firm\u201d on certain projects at Eskom.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\"><em>Like this story? Be an<span style=\"text-decoration: underline;\"> <a href=\"https:\/\/amabhungane.org\/be-an-amab-supporter\/\" target=\"_blank\" rel=\"noopener noreferrer\">amaB Supporter<\/a> <\/span>to help us do more. Sign up for our <span style=\"text-decoration: underline;\"><a href=\"https:\/\/amabhungane.org\/#signup\" target=\"_blank\" rel=\"noopener noreferrer\">newsletter<\/a><\/span> to get more.<\/em><\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">The question, if Mabuza is right, is why?<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">This is where we had to depart from the safety of documentary evidence and wade into the murky waters of anonymous and confidential sources. But it is also here where we found person after person who insisted that Deloitte\u2019s contracts formed part of a state capture play.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\">Part 2 coming soon.<\/p>\n\n\n\n<p class=\"p2 wp-block-paragraph\"><em>*Additional reporting by Sam Sole.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Deloitte, one of the \u201cBig Four\u201d accounting multinationals, took exception when South Africa\u2019s electricity utility accused it of\u00a0 \u201cpure corruption\u201d and demanded repayment of R207-million in consulting fees from the state capture era. It proclaimed its innocence and said Eskom had tried to bully it into a settlement. Now a deep dive by amaBhungane suggests it is Deloitte&#8217;s competitors and the taxpayers who should feel aggrieved.<\/p>\n","protected":false},"author":6,"featured_media":21609,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[2],"tags":[3,88,285,117,4,286,287,45,68],"class_list":["post-10424","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-stories","tag-amabhungane","tag-anoj-singh","tag-deloitte","tag-eskom","tag-guptas","tag-jabu-mabuza","tag-mabuza","tag-nkonki","tag-salim-essa"],"acf":[],"_links":{"self":[{"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/posts\/10424","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/comments?post=10424"}],"version-history":[{"count":1,"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/posts\/10424\/revisions"}],"predecessor-version":[{"id":30273,"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/posts\/10424\/revisions\/30273"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/media\/21609"}],"wp:attachment":[{"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/media?parent=10424"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/categories?post=10424"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/tags?post=10424"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}